What is the difference between negligence and strict liability?

Negligence and strict liability are both legal concepts used to determine whether a person can be held liable for damages in a product liability case. The primary difference between negligence and strict liability is that negligence is based on proving fault, whereas strict liability is based on legal principles that impose liability without the need to prove fault. Negligence requires a plaintiff to present evidence that the defendant was unreasonably careless in designing, manufacturing, or selling the product. Elements that must be met in a finding of negligence include a duty of care, breach of that duty, and damages resulting from that breach. Strict liability, on the other hand, does not require a plaintiff to prove the defendant was unreasonably careless or negligent in the product’s design, manufacture, or sale. The plaintiff must only prove that the product was defective, and that the defect caused the damages. However, Washington state permits defendants to establish certain defenses to strict liability, including the plaintiff’s misuse of the product and the “state-of-the-art” defense (which requires a defendant to prove that the product was designed in accordance with the accepted scientific and engineering standards of the time). In sum, in order to prove negligence, plaintiffs must prove that a defendant acted unreasonably in some way. On the other hand, under strict liability, plaintiffs need only show that the product was defective and that the defect caused damages.

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What is the difference between negligence and strict liability?

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